Pharmacy Law Module 1 Flashcards
Any individual who helps a person to violate the law either directly or indirectly.
accessory
Regulations set forth by governmental agencies, such as the Internal Revenue Service (IRS) and the Social Security Administration (SSA); also called regulatory law.
administrative law
Tampering with or contaminating a product or substance.
adulterated
Drugs derived from barbituric acid, which act as central nervous system depressants.
barbiturates
A discipline dealing with the ethical and moral implications of biological research and applications.
bioethics
Rules and regulations that govern the relationship between individuals within society.
civil law
A violation of the law.
crime
An individual who violates the law.
criminal
Rules and regulations that govern the relationship of the individual to society as a whole.
criminal law
A federal law enforcement agency that combats illegal drug use and smuggling both within the United States and abroad.
Drug Enforcement Administration (DEA)
A serious crime, such as murder, kidnapping, assault, or rape, that is punishable by imprisonment for more than one year.
felony
The agency within the U.S. Department of Health and Human Services that is responsible for assurance of the safety, efficacy, and security of drugs used for humans and pets, biological products, medical devices, cosmetics, radioactive products, and the national food supply.
Food and Drug Administration (FDA)
A rule or regulation established by a governing body.
law
Professional misconduct, or the demonstration of an unreasonable lack of skill, resulting in injury, loss, or damage to a patient.
malpractice
The discipline in which merits, risks, and social concerns are evaluated concerning the practice of medicine.
medical ethics
Fraudulent labeling or marking.
misbranding
A crime less serious than a felony, punishable by a fine or imprisonment for less than one year.
Misdemeanor
A unique and permanent product code assigned to each new drug as it becomes available in the marketplace; it identifies the manufacturer or distributor, the drug formulation, and the size and type of its packaging.
National Drug Code (NDC)
A database of officially recognized drug names.
National Formulary (NF)
A type of unintentional tort alleged when a person has performed, or failed to perform, an act that a reasonable person would, or would not, have performed in similar circumstances.
negligence
A drug that is developed for small populations of people in need of the drug.
orphan drug
Regulations set forth by governmental agencies. It is also called administrative law.
Regulatory law
Under HIPAA, “codes used to encode data elements, tables of terms, medical concepts, diagnostic codes, or medical procedure.” A code set includes the codes and descriptors of the codes.
standard code sets
Established by authority, custom, or general consent as a model or example; something set up and established by authority as a rule for the measure of quantity, weight, extent, value, or quality.
standards
Rules and regulations resulting from decisions by legislatures.
statutes
A civil wrong committed against person or property.
tort
This refers to a patient who does not follow medical advice, and, therefore, becomes responsible for any problems that occur as a result of his or her decision.
Assumption of risk
The person or group against whom charges are brought in a court action.
defendant
An oral testimony taken by a court reporter at a location outside the courtroom, subject to the same requirements for truth as court testimony.
deposition
A written set of questions that must be answered under oath as if in a court, within a specific period.
Interrogatory
The power, right, and authority given to a court to hear a case and to make a judgment.
jurisdiction
A party to a lawsuit.
Litigant
lawsuit or a contest in court.
Litigation
The person who files a lawsuit initiating a civil legal action. In criminal actions, the prosecution (government) is the plaintiff, acting on behalf of the people.
plantiff
The law that limits the period during which a person can sue. The period varies from one to three years.
statue of limitations
A court order that requires an individual to appear as a witness in court or to make himself or herself available to be deposed.
subpoena
Dishonest and deceitful practices undertaken to induce someone to part with something of value or legal right.
A pharmacist or a technician promises patients “miracle cures” or accepts fees from patients for spiritual powers to heal.
Fraud
Defamatory writing, such as published material, or pictures that injure the reputation of another.
A pharmacy advertises that a competing pharmacy does not stock medications of the same quality.
Libel
Spoken words that jeopardize someone’s reputation or means of livelihood.
A pharmacy worker tells a customer that another pharmacy’s staff is not qualified.
Slander
Failure to use a reasonable amount of care to prevent injury or damage to another.
A pharmacist or technician fails to exercise ordinary care, and a patient is harmed.
Negligence
The improper use of equipment, a substance (such as a drug), or a service (such as a program).
A patient is harmed because a pharmacy worker gives him or her the wrong substance, strength, amount, or type of medication.
Abuse
True or False:
There have always been laws controlling drug manufacturing.
False
True or False:
The Pure Food and Drug Act established the Food and Drug Administration.
False
True or False:
If a drug is prepared and packed in unsanitary conditions, it is considered adulterated and not fit for sale.
True
True or False:
All drug labels must have information on the manufacturer and packer, but not the distributor.
False
True or False:
All drug manufacturers must file a new drug application if they want to market a new drug
True
Child-resistant containers should not be able to be opened by _____ of children under age 5.
80%
Which of the following is NOT an exception to the requirement for child-resistant containers?
Oral contraceptives
Inhalation aerosols
Sublingual nitroglycerin
Hypertension medications
Hypertension medications
A National Drug Code is made up of a minimum of _____ characters identifying manufacturer or distributor, drug formulation, and packaging size and type.
10
A(n) _____ drug is for patients with a rare disease or condition.
orphan
_____ drugs don’t have to go through the same scientific review on safety and effectiveness as brand name drugs.
Generic
More than _____ percent of prescriptions in community pharmacies are dispensed with generic drugs.
60
This act prohibits re-importation of a drug into the United States by anyone except the manufacturer.
Prescription Drug Marketing Act
According to the Omnibus Budget Reconciliation Act of 1987, nursing home residents should not be given _____ medications
unnecessary
True or False:
A drug manufacturer must now pay a fee to the FDA with a new drug application
True
True or False?
All anabolic steroids are manufactured and sold legally.
False